Month: August 2009

A very interesting dilemma regarding Judges made the front page of The Toronto Star. Legally Judges are to retire after the age of 75. However, Ontario no longer has the mandatory retirement requirement. As a result, there are Judges who are over the age of 75. Having a Judge who is 75 and older presiding over complicated or simple matters can be worrisome for council.

It has been requested that some of the decisions by these over 75 Justices be reviewed. This is would be a very complicated scenario.

Obviously, there is a policy reason for why Judges should retire after the age of 75. However, it seems like age discrimination. Remember after all John McCain was in his seventies when he ran for President just last year.

In Alberta a successful court challenge was made to the general damages cap for minor damages being $4000. However, this summer the Alberta Court of Appeal overturned the decision and found that the cap on damages did not violate the constitutional rights of injured car victims in Alberta.

The decision is Morrow v. Zhang, [2009] ABCA 215

The courts rationale was based on the fact that while injured parties lost the right to compensation they were given access to an enhanced accident benefits system.

The Nova Scotia Court of Appeal is expected to also rule on the issue of a $2,500 cap for damages in the case of Hartling et al v. Nova Scotia It’s anticipated that the decision will be out sometime in Christmas.

A three Judge panel decided on August 13, 2009 that the lawsuit against Snapple would proceed. The lawsuit was commenced by the Plaintiff alleging the companies marketing and advertising strategies were false. Moreover that Snapple violated consumer-fraud laws by claiming, “all natural ingredients”. When in fact it really used artificial sweetners?

Initially the suit was thrown out due to the US FDA’s food and drug Regulations over labeling. The lower court stated that the company was immune from the lawsuit.

However, early this month an appeals court allowed the suit. Will Snapple also be sued for its claim that its, “made from the best stuff on earth” as well?

Back in June I reported that the Canadian Food Inspection Agency

warned of an E-coli outbreak at an American beef company (JBS Swift Company) that supplied meat to President’s Choice. A number of PC products were recalled.

I have learned today that a popular food attorney in the US has commenced a third lawsuit against the company on behalf of a Wisconsin family. Three members of the family became ill after consumption of the meat.

The youngest of the two boys aged 7 was readmitted to the ER where stool samples revealed he tested positive for E-coli. Subsequently, the boy developed hemolytic uremic syndrome a complication of E-coli infection.

It does not appear that there are any known cases in Canada yet.

In 2007 a local radio station in the United States had a contest called, “Hold Your Wee for a Wii”. The idea was to drink lots of water and see who could go longest without having to rush to the bathroom. The victim and participant, Jennifer Strange was only 28 at the time. After the contest while walking home she complained of a headache, collapsed and died.

A legal proceeding was commenced and according to another source is heading for trial this week.

Looks like another bad weekend for motorists as reported by the Toronto Star.

OTTAWA - Health Canada is informing health care professionals and Canadians that it is conducting a safety review of the potential association between the asthma drug Xolair (the brand name for the drug omalizumab) and an increased risk of cardiovascular problems.

The complete article can be found here.

I am pleased to welcome you to my new website and legal blog. Stay tuned and I hope you continue to visit frequently.

The Canadian Food Inspection Agency (CFIA) and Vitale Produce Ltd. are warning consumers not to consume Jumbo Green Onions described...

View article...

Restaurant giant McDonald’s could be facing a potential class action due to a Hepatitis outbreak as it seems more people are coming forward with claims. The cause and spread of the outbreak is interesting. The incident occurred in Milan, Illinois and is being attributed to a McDonald’s employee who contracted the virus in June. She returned to work. However, the hospital where she was diagnosed did not notify public health officials on a promptly basis as they were supposed. Moreover, when the matter was reported there was a subsequent delay since an employee was on vacation.

It has been suspected that the infected employee likely did not wash her hands properly after using the washroom and likely had feces on her that in turn ended up on food.

MSN.com reports that a mother and her 14 year old daughter filed a lawsuit today after having eaten at infected McDonald’s alleging to have been sickened by Hepatitis A.